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SHELL OIL CO. v. KAMPER

No. 9334.

111 F.2d 569 (1940)

SHELL OIL CO., Inc., v. KAMPER.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1940.

Attorney(s) appearing for the Case

M. M. Roberts, of Hattiesburg, Miss., and William F. Kenney, of St. Louis, Mo., for appellant.

R. W. Thompson, Jr., of Gulfport, Miss., and N. T. Currie, of Hattiesburg, Miss., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

The appellee recovered a personal judgment in the court below upon counts one (charging unlawful and aggravated assault) and three (alleging wrongful conversion of personal property) of his amended complaint. On the second count, which charged slander, the court refused appellant's request for a peremptory instruction, but instructed the jury to consider the evidence adduced thereon only on the question of damages under the first

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